Scotland: Court review amid fears of a miscarriage in rape case

It appears that his main offence may have been a "disrespectful" attitude

A former professional golfer will have his conviction for rape reviewed at the High Court amid concerns he may have suffered a miscarriage of justice, it was confirmed yesterday. Graham Gordon was sentenced to five years in 2002 after he was found guilty of raping a woman he met in a nightclub in Aberdeen. After his initial appeal against the conviction was thrown out, he took his case to the Scottish Criminal Cases Review Commission.

Yesterday, the commission confirmed it was referring the case back to the High Court in Edinburgh amid concerns there could have been a miscarriage of justice. A judge will now have to decide whether to quash Gordon's conviction. Gordon, from Aberdeen, claims the Crown failed to disclose information to the defence during his trial at the High Court in Stonehaven. He also alleges Grampian Police failed to disclose certain information to the Crown and the force's officers did not carry out proper investigations. A commission spokesman said it believed in respect of these three grounds that there "may have been a miscarriage of justice".

The spokesman added: "The commission has also uncovered, during its investigations, new evidence that was not available at the time of Mr Gordon's trial, the absence of which the commission also believes may have led to a miscarriage of justice." Gordon lodged seven other grounds justifying the referral of his case, which were not accepted by the commission. They included claims that the clarification of the law of rape between the alleged offence and his trial made his conviction "unjust and oppressive". Gordon also alleged there was insufficient evidence for his conviction and "material misdirection" by the trial judge.

During the trial, the court heard Gordon had raped the woman, a mother-of-two, at his home in Bridge of Don, Aberdeen, in August 2001. He had met her in Franklin's nightclub in the city earlier that evening. The jury heard how Gordon had told detectives he had had sex with at least 32 women in just three months.

During his trial he admitted grabbing a woman police officer's bottom and asking her what she did with her uniform at weekends, just weeks after the rape. He was jailed but freed on bail pending the outcome of his appeal but he was sent back to prison when it failed.

His attitude in a serious criminal inquiry was later described by prosecutor Alan Turnbull, now himself a High Court judge, as "arrogant, belittling and disrespectful". Gordon has always denied the charge and his family have been campaigning since his conviction to try to prove that the police investigation was flawed.

A police spokesman said: "Grampian Police acknowledge the decision by the commission to grant leave to Mr Gordon to appeal his conviction in this case. In these circumstances it would be inappropriate to make any further comment."

Gordon's mother, Lilian, who is trying to clear her son's name, refused to comment on the appeal, but said: "My son was in prison for a crime he didn't commit and who wants to listen to a convicted rapist and his family pleading his innocence?"

Last year the commission was asked to review 165 cases. However, only three were referred back to the court.

Report here


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